Gibson, Dunn & Crutcher is one of the leading law firms in the Foreign Corrupt Practices Act (FCPA) practice area. More than 125 lawyers throughout the firm's offices worldwide, including a number of former U.S. prosecutors and Securities and Exchange Commission (SEC) officials, have extensive anti-corruption and compliance experience in all aspects of FCPA enforcement and compliance.
In addition to conducting FCPA internal investigations in more than 80 countries around the globe, we routinely represent clients in investigations and enforcement proceedings before the U.S. Department of Justice (DOJ) Fraud Section, the Enforcement Division of the SEC, and foreign enforcers such as the Serious Fraud Office. In connection with these investigations, we advise boards of directors, general counsels and senior management regarding company practices, enhancements to compliance programs, disciplinary action for company employees and remedial measures for improving compliance. Our practice includes an active slate of investigations before the SEC and DOJ. This work keeps us in almost daily contact with lawyers at the U.S. government and other enforcement authorities on anti-corruption issues.
We also regularly advise clients on all relevant aspects of FCPA compliance programs, from worldwide corruption risk assessments and compliance program evaluations and written policies and procedures to employee training and reporting systems. In addition to projects that are global in scope, we advise clients on a daily basis on challenging and practical discrete questions of anti-corruption compliance such as the propriety of gifts and entertainment, the adequacy of due diligence, qualifying for the FCPA's facilitating payments exception, and identifying and addressing corruption risks related to corporate acquisitions and business transactions.
With regard to FCPA compliance, Gibson Dunn has the distinction of being the only law firm to have conducted three separate FCPA monitorships, pursuant to settlements with the SEC and DOJ:
- Statoil ASA (2007-2009)
- Siemens AG (2009-2012)
- Alliance One International (2011-2013)
We also counsel and defend companies undergoing monitorships. Our extensive monitorship experience enables us to bring unique value to clients by providing rare global insight into internal compliance programs and the challenges they face. For example, our work on the Siemens, Statoil and Alliance One monitorships required company-wide analysis of all facets of anti-corruption compliance. Importantly, because all of our work on compliance monitorships (including making detailed recommendations) was reviewed by the U.S. government, we know what prosecutors' and regulators' expectations are for all of the various facets of a corporate compliance program.
Our deep experience has led to Gibson Dunn being repeatedly ranked in Band 1 for its FCPA practice in both Chambers Global and Chambers USA. In Chambers Global 2017, Chambers USA 2017 and Chambers USA 2016 our firm alone was ranked in Band 1. Our overall experience has also led Chambers Global in 2017, 2016, 2015 and 2014 to rank Gibson Dunn among the leading anti-corruption practices in the world. Global-wide, in 2017 the publication called us a "U.S. firm renowned for its global capabilities, channeled through stronghold practices in key jurisdictions around the world," Chambers Asia Pacific 2018, which ranked Gibson Dunn Tier 1 among international firms in China for corporate investigations/anti-corruption, highlighted our "[l]eading white-collar practice with significant experience acting on internal and government investigations across the region," which is "[a]ble to draw on an extensive global network and in-house proficiency in Mandarin and Cantonese language for interviews and document analysis." The publication has recognized our team as having "[d]eep experience in handling FCPA, AML, trade control and securities issues."